I noticed a police car in the line of cars behind me but paid it no mind, as I was riding appropriately. Turning into a section of main road and dual carriageway, I was seated again and cruising well within the speed limit in lane one. The police car pulled up alongside and signalled me to pull over.
The officer then asked the usual questions and said he had noted I was standing on the pegs and this was dangerous, as the bike was not under full control. I tried explaining that it was under control, as he had witnessed me steering, altering speed and changing gear, all safely and the bike was designed for it.
Unfortunately, he was having none of it and insisted it was unsafe to ride standing. I felt discretion was the best course so apologised and promised not to do it again. However, it got me thinking; what is the position legally about standing on the pegs? I have had a quick flick through my Highway Code and the IAM books but they do not cover the topic directly.
Answer
As a preliminary point, you did nothing wrong but more importantly, you played the police officer absolutely correctly. I would not have been quick to promise that I would not stand on the pegs again but other than that, despite him being wrong, you played it right.
You could have challenged him to write you up, argued it in front of the magistrates, taken the risk of having a bench of magistrates that simply believe what the police officer told them – but it would have been a costly way to prove a point, because going to law can be more expensive than wrongly ingested humble pie.
However, the fact remains that the police officer was wrong. You had full use of all the controls on your machine. Your balance was wholly unaffected. The police officer used the word ‘dangerous’. In order to make dangerous driving, your riding would have to fall far below the standards of a reasonably prudent and competent driver/rider.
The only possibilities were potentially driving without due care or superficially. Section 41(d) of the 1988 Road Traffic Act. which is a piece of legislation designed to prosecute people who sit so low that they cannot see the road ahead.
While you were unable to use your mirrors when stood up on the pegs, the law is clear that you may not interfere with your forward vision, but not your rear vision. I defended a due-care case on exactly the same facts many years ago. The rider was on a BMW R1150GS and he stood up on the pegs, for no particular reason. This annoyed a police officer in an unmarked car who lit him up and pulled him over. The motorcyclist stood his ground and invited the police officer to write him up because he simply would not accept the ‘words of advice’ from the police officer.
The police officer, who had no expertise in motorcycles, had a horrible time under cross-examination. I read evidence from an international-standard enduro rider on the safety of standing up. The magistrates scolded the officer for wasting everyone’s time and awarded my client his entire defence costs. However, that was back in the days when the magistrates could award the full costs of a defence and if you defended an action successfully, you would not end up out of pocket.
This has now changed. The magistrates are only entitled to award you what your costs under legal aid would have been, but it would not be available for a minor road traffic offence. At best, you would get back two-thirds of your legal fees (in the event of an almost-certain acquittal). So while the police officer was wrong, proving yourself right would have been very expensive.
Andrew Dalton
RiDE Magazine December 2017
Having owned and ridden a road legal Montesa Cota Trials Bike… which is designed to be ridden standing up over all manor of obstacles, I became quite used to being pulled over. For the most part the police were genuinely curious and a bit suspicious… I always said it was nice they cared and it was good they were alert and might stop someone if they had stolen my bike. I quickly adopted a (very low) seated ridding position on the road, to save awkwardness but I remain far more comfortable and in control while standing at lower speeds. I was very tempted to ride right over the top of the car in front… knowing I could… but never did.
I too have a road legal GasGas trials bike which does have a seat, indicators and lights. I can sit down on it but I do look like a gorilla on a roller skate. I ride it so rarely on the road, I have never attracted any police attention but like you, I am sometimes chatted to by local roads and rural policing, especially on my 350 enduro, usually just to tell me that bikes like mine are being targeted by thieves. I’ve never been asked to produce documents or had a roadside MoT but being a sensible sort of a fellow, I keep my bike street legal. I am sure a really officious road traffic officer could find some breach of C&U regulations but unless you have a postage stamp size number plate or a loud pipe, the Hertfordshire, Thames Valley and Northamptonshire constabularies tend to leave me alone – and having ridden a fair bit in Wales, I have never been “pulled” on green lanes. I’ve chatted to a few officers on quads, occasionally dirt bikes and more often 4WD trucks or Landrovers, but never anything official. Probably good to avoid the temptation of riding over the bonnet of a car.
Hi Tom. I do wonder why every off road rider stands on the pegs for slow, technical sections? As a matter of biomechanics, being stood on your pegs on a bike like yours, or indeed mine, increases low speed stability. Sure, standing up at a brisk 70mph is not a clever idea but if you are used to standing up on the pegs, as I am, it does not make anything more dangerous. All you do, going over speed bumps, is increase your suspension by letting your legs absorb the up and down movement. I don’t bother standing up for speed bumps on the KTM 1290 SA as the fancy suspension soaks up the bumps but, say, if I were to realise there was a big hole in the road, I would absolutely stand up so with respect to the officer, who is no doubt a highly skilled road rider, I think he is talking nonsense in this regard. I will continue to stand up on the pegs as I think appropriate. However, whilst filtering in London traffic, whilst I might get a bit more steering through weighting the pegs I wouldn’t do it, because I would look like a bit of a clown. The problem is if a copper gets a bee in his bonnet it is easier to eat humble pie than take the lottery of a writing up and a trip to the beaks. I’d argue my corner and invite the officer to write me up but then Court is my operating environment and I would not send myself a fee note, so I can be a bit more gung-ho. I have stood up on the road to get air through my suit in hot weather or to soak up potholes. I wouldn’t do it on an R1 or an touring bike, and you soon know if your frame geometry is wrong to stand up on the pegs. Police officers enforce the law, they are not lawyers and fairly frequently get things wrong. The problem is they carry a fair amount of weight before the Magistrates and for you to make a fight of this you will need expert evidence.
Interesting. As a former member and Observer of the IAM (motorcycles) I recall doing the initial biker short course (supervised by the Devon and Cornwall motorcycle section. I was on an R1150GS, and was riding while being observed by one of the Police team. We took a residential route which involved a couple I’d speed humps, and I stood up to go over them.
When we discussed the ride he asked me why I had stood up, and I replied that I felt I would be more stable. He replied that it was inherently dangerous on the road, and should be avoided. This was advice from a Class 1 Police motorcyclist.
I have avoided doing so ever since.